Illinois Compiled Statutes 205 ILCS 740/9.2 – Communication in connection with debt collection
Current as of: 2024 | Check for updates
|
Other versions
(a) Without the prior consent of the debtor given directly to the collection agency or the express permission of a court of competent jurisdiction, a collection agency may not communicate with a debtor in connection with the collection of any debt in any of the following circumstances:
(1) At any unusual time, place, or manner that is
(1) At any unusual time, place, or manner that is
known or should be known to be inconvenient to the debtor. In the absence of knowledge of circumstances to the contrary, a collection agency shall assume that the convenient time for communicating with a debtor is after 8:00 a.m. and before 9:00 p.m. in the debtor’s local time.
|
(2) If the collection agency knows the debtor is
represented by an attorney with respect to such debt and has knowledge of or can readily ascertain, the attorney’s name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the collection agency or unless the attorney consents to direct communication with the debtor.
|
(3) At the debtor’s place of employment, if the
collection agency knows or has reason to know that the debtor’s employer prohibits the debtor from receiving such communication.
|
(b) Except as provided in Section 9.1 of this Act, a collection agency may not communicate, in connection with the collection of any debt, with any person other than the debtor, the debtor’s attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the collection agency without the prior consent of the debtor given directly to the collection agency, the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post-judgment judicial remedy.
(c) If a debtor notifies a collection agency in writing that the debtor refuses to pay a debt or that the debtor wishes the collection agency to cease further communication with the debtor, the collection agency may not communicate further with the debtor with respect to such debt, except to perform any of the following tasks:
(1) Advise the debtor that the collection agency’s
Terms Used In Illinois Compiled Statutes 205 ILCS 740/9.2
- Executor: A male person named in a will to carry out the decedent
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(c) If a debtor notifies a collection agency in writing that the debtor refuses to pay a debt or that the debtor wishes the collection agency to cease further communication with the debtor, the collection agency may not communicate further with the debtor with respect to such debt, except to perform any of the following tasks:
(1) Advise the debtor that the collection agency’s
further efforts are being terminated.
|
(2) Notify the debtor that the collection agency or
creditor may invoke specified remedies that are ordinarily invoked by such collection agency or creditor.
|
(3) Notify the debtor that the collection agency or
creditor intends to invoke a specified remedy.
|
If such notice from the debtor is made by mail, notification shall be complete upon receipt.
(d) For the purposes of this Section, “debtor” includes the debtor’s spouse, parent (if the debtor is a minor), guardian, executor, or administrator.
(e) This Section applies to a collection agency or debt buyer only when engaged in the collection of consumer debt.
(d) For the purposes of this Section, “debtor” includes the debtor’s spouse, parent (if the debtor is a minor), guardian, executor, or administrator.
(e) This Section applies to a collection agency or debt buyer only when engaged in the collection of consumer debt.